How to Handle Multiple Offers Legally

How to Handle Multiple Offers Legally

In Ontario’s red-hot real estate market, it’s not unusual for a seller to receive multiple offers on their home, sometimes within hours of listing. While this can feel like winning the lottery, it also brings a unique set of legal responsibilities and ethical obligations.

If you’re selling a home, or advising someone who is, you need to know how to manage multiple offers the right way. Doing it wrong could mean legal trouble, financial risk, or damage to your reputation.

Let’s break down what multiple offers mean, what the law requires, and how to protect yourself throughout the process.

🏡 What Are Multiple Offers?

A multiple offer situation happens when more than one buyer submits a purchase offer at the same time. This often occurs in a seller’s market, where demand outweighs supply.

But not all offers are created equal—they can differ in:

  • Purchase price
  • Closing date
  • Deposit amount
  • Conditions (like financing or inspections)

It’s tempting to go straight for the highest dollar amount. But without understanding your legal responsibilities, that choice could backfire.

⚖️ What Ontario Law Says About Multiple Offers

In Ontario, real estate transactions are governed by the Real Estate and Business Brokers Act (REBBA) and enforced by the Real Estate Council of Ontario (RECO).

Here are a few key legal rules you should know:

  • Disclosure: If asked, your agent must disclose how many offers are on the table, but not the details of each offer unless every buyer gives written permission.
  • Confidentiality: Each offer is confidential. Agents can’t use one buyer’s offer as leverage to push another.
  • Honesty & Fairness: You and your agent must act in good faith and deal honestly with everyone involved.

Breaking these rules could lead to RECO complaints, fines, or even lawsuits, none of which you want during a sale.

👩‍💼 The Role of Your Listing Agent

Your real estate agent plays a critical role in keeping the process legal and ethical. They’re responsible for:

  • Presenting all offers fairly and promptly
  • Helping you evaluate each offer’s pros and cons
  • Making sure the process follows Ontario law and RECO’s Code of Ethics
  • Communicating transparently with all parties

If you ever feel unsure about the advice you’re getting—or the way your agent is handling offers—it’s smart to consult a real estate lawyer before making a final decision.

✅ Your Legal Options When Faced With Multiple Offers

When you receive several offers at once, you’ve got a few legal paths you can take:

1. Accept One Offer

Pick the offer that works best for you—maybe it has the fewest conditions, the best price, or the fastest closing date.

2. Make a Counter-Offer

You can counter one of the offers with new terms. Just keep in mind: once you counter, the original offer is no longer valid.

3. Ask for “Best and Final” Offers

You can ask all interested buyers to submit their best and final offer by a set deadline. This is common in bidding wars—but it must be done transparently and fairly, without misleading anyone.

Important: You’re not required to accept the highest offer. You can choose based on terms, flexibility, or even personal circumstances—as long as you’re consistent and honest.

💡 Best Practices for Ontario Sellers

Here are some smart, legal ways to keep your transaction on track and drama-free:

✅ Be Transparent (but Respect Privacy)

If buyers ask, your agent should confirm how many offers exist—but not reveal specific details unless given written consent.

✅ Use a Written Offer Review Policy

Set expectations by outlining when and how offers will be reviewed (e.g., “All offers will be reviewed at 6 PM on Thursday”). It creates fairness and structure.

✅ Allow Pre-Offer Home Inspections

Letting buyers do inspections ahead of time can lead to cleaner offers with fewer conditions.

✅ Don’t “Shop” Offers

Hinting at one offer’s price or terms to fish for a better deal from another buyer is unethical—and may be illegal.

✅ Keep Records

Document every communication, decision, and offer. If anything goes sideways, a paper trail is your best friend.

🚨 What Happens If You Mishandle the Process?

Messing up a multiple-offer situation can have serious consequences:

  • Breach of Contract – If you accept an offer and later back out, you could be sued.
  • Misrepresentation Claims – Buyers can file RECO complaints or take legal action if they believe they were misled.
  • Reputation Damage – Poor handling can reflect badly on your agent—and you.
  • Financial Penalties – Civil damages or fines aren’t uncommon if things escalate.

🧑‍⚖️ Why Legal Guidance Is Essential

While your realtor knows the market, they’re not your lawyer. In high-stakes situations with multiple offers, it pays to get legal advice to ensure:

  • Your actions follow REBBA rules and RECO guidelines
  • Your agreements are enforceable
  • You fully understand the risks of each choice

At Philer.ai, our platform connects Ontario sellers with experienced real estate lawyers who provide flat-fee legal services, contract reviews, and clear advice—no stress, no surprises.

🔚 Final Thoughts

Getting multiple offers is exciting, but it also means more responsibility. Sellers need to balance the opportunity to get top dollar with the legal duty to treat all buyers fairly and follow the rules.

If you’re unsure how to navigate it all, talk to a lawyer before making a decision. The right legal support can help you get the best deal and protect you from legal headaches down the road.


Need expert legal help for your Ontario home sale?
Check out Philer.ai for simple, digital legal services built for real estate in the modern world.

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Philer is a registered Trademark of Philer Inc